Richard Clayton (Irish judge)
Encyclopedia
Richard Clayton was an English born politician and judge who held the office of Chief Justice of the Irish Common Pleas
. His reputation was seriously damaged by the trial and execution of Father Nicholas Sheehy
, which is still regarded as a notable miscarriage of justice
.
. He entered the Inner Temple
in 1724 and was called to the Bar in 1729, King's Counsel 1768. He sat in the House of Commons
as member for Wigan
and was Recorder
of the town.His most memorable case as a barrister was as defence counsel for Francis Towneley for his part in the Rebellion of 1745. He was sent to Ireland as Chief Justice of Common Pleas in 1765 and held office until 1770, when ill-health apparently forced him to step down. He retired to Adlington and died there later the same year. He is buried in Standish Church. He was unmarried and his heir was his nephew Richard who was created a baronet.
Clayton is mainly remembered for presiding over the trial of Nicholas Sheehy, parish priest of Clogheen, for being accessory to the murder of John Bridge, at the Clonmel
Assizes in March 1766. The trial " became proverbial in Ireland for injustice". Sheehy, a noted opponent of the Penal Laws had already been unsuccessfully prosecuted for conspiracy and high treason. There was little doubt that the prosecution witnesses, many of whom had testified against him before, were lying, Sheehy had a good alibi for the time of the alleged murder, and most crucially it was far from clear that Bridge was dead at all. So unfair were the proceedings that on hearing the death sentence Sheehy's counsel told the judge and jury that " if there was any justice they would all die roaring." It has however been argued that Clayton's summing-up leaned towards an acquittal. Sheehy was hanged on 15 March.
Clayton also presided at the related trial of Sheehy's cousin Edmund. Edmund was also executed and again the conduct of the trial was widely criticised, although it must be said that Edmund himself said that Clayton had acted justly and humanely.
, the Earl of Clare
, remembered him as a good man and a honest judge.
Chief Justice of the Irish Common Pleas
The Chief Justice of the Common Pleas for Ireland was the senior judge of the Court of Common Pleas ,known in its early stage as the Common Bench or simply Bench, one of the senior courts of common law in Ireland. It was a mirror of the Court of Common Pleas in England...
. His reputation was seriously damaged by the trial and execution of Father Nicholas Sheehy
Nicholas Sheehy
Nicholas Sheehy was an 18th century Irish Roman Catholic priest who was executed on charge of accessory to murder. Father Sheehy was a prominent opponent of the British Penal Laws, which persecuted Catholics in Ireland.- Family :...
, which is still regarded as a notable miscarriage of justice
Miscarriage of justice
A miscarriage of justice primarily is the conviction and punishment of a person for a crime they did not commit. The term can also apply to errors in the other direction—"errors of impunity", and to civil cases. Most criminal justice systems have some means to overturn, or "quash", a wrongful...
.
Biography
He was the seond son of Richard Clayton of Adlington, LancashireAdlington, Lancashire
Adlington is a town and civil parish in Lancashire, England, near the West Pennine Moors and the town of Chorley. Six miles northwest of Bolton, it became a separate parish in 1842 then grew into a town around the textile industry. It has a population of 5,270.-Toponymy:The last element 'ington'...
. He entered the Inner Temple
Inner Temple
The Honourable Society of the Inner Temple, commonly known as Inner Temple, is one of the four Inns of Court in London. To be called to the Bar and practise as a barrister in England and Wales, an individual must belong to one of these Inns...
in 1724 and was called to the Bar in 1729, King's Counsel 1768. He sat in the House of Commons
House of Commons of Great Britain
The House of Commons of Great Britain was the lower house of the Parliament of Great Britain between 1707 and 1801. In 1707, as a result of the Acts of Union of that year, it replaced the House of Commons of England and the third estate of the Parliament of Scotland, as one of the most significant...
as member for Wigan
Wigan
Wigan is a town in Greater Manchester, England. It stands on the River Douglas, south-west of Bolton, north of Warrington and west-northwest of Manchester. Wigan is the largest settlement in the Metropolitan Borough of Wigan and is its administrative centre. The town of Wigan had a total...
and was Recorder
Recorder
The recorder is a woodwind musical instrument of the family known as fipple flutes or internal duct flutes—whistle-like instruments which include the tin whistle. The recorder is end-blown and the mouth of the instrument is constricted by a wooden plug, known as a block or fipple...
of the town.His most memorable case as a barrister was as defence counsel for Francis Towneley for his part in the Rebellion of 1745. He was sent to Ireland as Chief Justice of Common Pleas in 1765 and held office until 1770, when ill-health apparently forced him to step down. He retired to Adlington and died there later the same year. He is buried in Standish Church. He was unmarried and his heir was his nephew Richard who was created a baronet.
Father Sheehy
See main article: Nicholas SheehyNicholas Sheehy
Nicholas Sheehy was an 18th century Irish Roman Catholic priest who was executed on charge of accessory to murder. Father Sheehy was a prominent opponent of the British Penal Laws, which persecuted Catholics in Ireland.- Family :...
Clayton is mainly remembered for presiding over the trial of Nicholas Sheehy, parish priest of Clogheen, for being accessory to the murder of John Bridge, at the Clonmel
Clonmel
Clonmel is the county town of South Tipperary in Ireland. It is the largest town in the county. While the borough had a population of 15,482 in 2006, another 17,008 people were in the rural hinterland. The town is noted in Irish history for its resistance to the Cromwellian army which sacked both...
Assizes in March 1766. The trial " became proverbial in Ireland for injustice". Sheehy, a noted opponent of the Penal Laws had already been unsuccessfully prosecuted for conspiracy and high treason. There was little doubt that the prosecution witnesses, many of whom had testified against him before, were lying, Sheehy had a good alibi for the time of the alleged murder, and most crucially it was far from clear that Bridge was dead at all. So unfair were the proceedings that on hearing the death sentence Sheehy's counsel told the judge and jury that " if there was any justice they would all die roaring." It has however been argued that Clayton's summing-up leaned towards an acquittal. Sheehy was hanged on 15 March.
Clayton also presided at the related trial of Sheehy's cousin Edmund. Edmund was also executed and again the conduct of the trial was widely criticised, although it must be said that Edmund himself said that Clayton had acted justly and humanely.
Reputation
Irish historians have criticised Clayton severely for his handling of the Sheehy case, though it is not suggested he had any corrupt motive: Elrington Ball blames his actions on naivety and unfamiliarity with Irish politics. There is evidence that in other cases he acted justly and humanely: a later Lord Chancellor of IrelandLord Chancellor of Ireland
The office of Lord Chancellor of Ireland was the highest judicial office in Ireland until the establishment of the Irish Free State in 1922. From 1721 to 1801 it was also the highest political office of the Irish Parliament.-13th century:...
, the Earl of Clare
John FitzGibbon, 1st Earl of Clare
John FitzGibbon, 1st Earl of Clare PC , later known as Earl of Clare or Lord Clare, was Attorney-General for Ireland in 1783, then Lord Chancellor of Ireland in 1789, in which capacity he was first promoted to the Irish peerage.He was a controversial figure in Irish history, being described...
, remembered him as a good man and a honest judge.